Married with an outstanding deportation order

M

mikenyc2007

New Member
Sooo... Here's a brief rundown of my life story :-(

I came to America in 1994 (at the age of 14) along with my parents. Soon after our arrival, they applied for a political asylum, which was unfortunately denied, and the Immigration Judge issued voluntary deportation order for us in 1996.

I've spent the next 11 years getting by. I finished high-school, and now work as a Graphic Designer.

And then, last summer, out of nowhere, I've fallen in love with a beautiful girl (a US citizen) and we got married last February :)

I am now trying to obtain a green card (after all these years), but I know I still have an outstanding deportation order.

Unfortunately, the Immigration Judge that issued the order in 1996 has passed away. I'm not really sure what my options are, and I figured I would consult online resources before spending $500 on attorney's consultation fees.

From what I can ascertain, I need to file a Joint Motion to re-open the deportation proceedings. But whom would I file them with? Obviously I'll need a skilled attorney.

I am hoping that someone here could give me and my wife a timeframe, from the time we file the joint motion to the time my passport gets stamped, allowing me to travel.

We are already planning our wedding for June 2008, and would very much like to travel internationally for our honeymoon, but I am not sure whether this is realistic. If anyone has experience dealing with a matter such as this, please tell me how long I can expect this to take.

Cheers, and have a great night!
-Mike
 
First of all Its good to know that you are aware that you have an out standing deportation order. Many people don't and ICE gets them by suprise during their immigration enforcement round ups like they did with me.

Your situation is very complicated and you will need to get a very well qualified and experienced immigration attorney. They also cost an arm and a leg. If i was you I would start saving up as soon as possible for your legal fees. One thing that you can start working on is Filing your I-130 petition. Even if you are in deportation or have been ordered deported your wife can still file for your I-130 thru immigration service. When you consider to file for your I-130 DO NOT UNDER ANY CIRCUMSTANCE file the I-485. Or you will definatly be denied, doomed and will have problems.

When you file your I-130 it will take any where from 3 to 6 months before it will be approved. While your I-130 petition is pending start looking for a good immigration attorney and seek consultation on how to fight your case in court. An approved I-130 petition will make a big difference in your case and may possible shorten your time in court, for more info consult with an qualified immigration attorney. I was in removal proceeding and i got married to my longtime girlfriend while i was in deportation proceedings. I fought my case in court, I had good lawyer and most importantly a supportive family on my side. I won my case and since my I-130 was recently approved, begining of August I will be going to court to get my I-485 approved by the judge

When you are in deportation or have been ordered removed by the US Gov. Do not take Ill advice from any one nor act on it. Dealing with the Dep.Of Justice- immigration court is a whole different ballgame than dealing with Dep. Homeland Security- USCIS. Always consult with an attorney on how to deal with your circumstance. But the first step is for your wife to file for your I-130 petition. You can do that without a lawyer but for the rest of your case you WILL need one.

Like i said even if you are ordered deported or are in removal proceeding go ahead and filed for your i-130 that's the first thing your lawyer is charge you for, before he or she files a motion to re-open your case. Without that petition being approved you have no grounds to fight your case and don't even try to reopen and fight your case.

NB! Start to accumulate evidence as much evidence you can to show that your marriage is bona fide and that you are not married to your wife to evade US. immigration laws. Because they will catch you if one is the prosecution and the judge believe it or not know all the tricks, games and signs I have seen them in action while i was detained by ICE.

good luck and all the best to you
 
letsien said:
First of all Its good to know that you are aware that you have an out standing deportation order. Many people don't and ICE gets them by suprise during their immigration enforcement round ups like they did with me.

Your situation is very complicated and you will need to get a very well qualified and experienced immigration attorney. They also cost an arm and a leg. If i was you I would start saving up as soon as possible for your legal fees. One thing that you can start working on is Filing your I-130 petition. Even if you are in deportation or have been ordered deported your wife can still file for your I-130 thru immigration service. When you consider to file for your I-130 DO NOT UNDER ANY CIRCUMSTANCE file the I-485. Or you will definatly be denied, doomed and will have problems.

When you file your I-130 it will take any where from 3 to 6 months before it will be approved. While your I-130 petition is pending start looking for a good immigration attorney and seek consultation on how to fight your case in court. An approved I-130 petition will make a big difference in your case and may possible shorten your time in court, for more info consult with an qualified immigration attorney. I was in removal proceeding and i got married to my longtime girlfriend while i was in deportation proceedings. I fought my case in court, I had good lawyer and most importantly a supportive family on my side. I won my case and since my I-130 was recently approved, begining of August I will be going to court to get my I-485 approved by the judge

When you are in deportation or have been ordered removed by the US Gov. Do not take Ill advice from any one nor act on it. Dealing with the Dep.Of Justice- immigration court is a whole different ballgame than dealing with Dep. Homeland Security- USCIS. Always consult with an attorney on how to deal with your circumstance. But the first step is for your wife to file for your I-130 petition. You can do that without a lawyer but for the rest of your case you WILL need one.

Like i said even if you are ordered deported or are in removal proceeding go ahead and filed for your i-130 that's the first thing your lawyer is charge you for, before he or she files a motion to re-open your case. Without that petition being approved you have no grounds to fight your case and don't even try to reopen and fight your case.

NB! Start to accumulate evidence as much evidence you can to show that your marriage is bona fide and that you are not married to your wife to evade US. immigration laws. Because they will catch you if one is the prosecution and the judge believe it or not know all the tricks, games and signs I have seen them in action while i was detained by ICE.

good luck and all the best to you
Click to expand...

Your experiences are valuable and wise advice. But he can not file for I-130 as he is not married to the USC yet. He plans on getting married June 2008.

And for the original poster... you can not travel internationally for honey moon or whatever reason.
 
PraetorianXI said:
Your experiences are valuable and wise advice. But he can not file for I-130 as he is not married to the USC yet. He plans on getting married June 2008.
Click to expand...


I'm sorry, let me clarify. We got married on February 22, 2007 in NYC. We have the Certificate of Marriage.

What I meant is that the actual wedding (the party) won't take place until June 2008. Thank you.
 
letsien said:
Your situation is very complicated and you will need to get a very well qualified and experienced immigration attorney. They also cost an arm and a leg. If i was you I would start saving up as soon as possible for your legal fees. One thing that you can start working on is Filing your I-130 petition.
Click to expand...

Hey, thank you so much for your informative reply! Me and my wife saw an immigration attorney in February (right after we got our marriage certificate). He said that since I have an outstanding deportation order, and since the judge that issued it has died, the first thing we have to do is file a Joint Motion to Reopen with the US CIS. He said that our only hope is that the government joins us in reopening the deportation proceedings.

He filled out a couple of forms for us (I can't remember if I-130 was one of them), and wrote a letter, and submitted them as a proposed Joint Motion. Meaning, he didn't actually file them, but rather used them to show on what grounds we intend to file, once the US CIS agrees to join us in reopening.

He certainly didn't mention anything about the I-130. From what I understand, nothing can be filed until the deportation case is re-opened, since the 90-day period from which the deportation was issued has already expired? I'm going to copy-and-paste to you an e-mail in which my current attorney describes this:

"Michael, we submitted a proposed joint motion to USCIS in the hope that they will agree and join us in re-opening. If they don't , we have a real problem becasue statutorily , you cannot file the motion (it is time barred ). The fact is that I have a good relationship with the Senior Gov't attorney who handles these and it should work out. Once we get this reopened , we can start planning."

Now, I've been bugging him every month since February about what the status on this is, but all he's been telling me is to wait, or I could be deported (not a very uplifting attorney).

I'm also beginning to question his experience in handling these matters. My parents have gone through half-a-dozen immigration attorneys in NYC, and each one of them has been a real headache to deal with.

I am planning to get copies of all the papers my current attorney sent as part of the proposed Joint Motion to Reopen, and see another attorney to double-check his work. I would hate to be caught in a years-long bureaucratic process which can be expedited if only a more experienced attorney handles the matter.

Again, thank you so much for any advice you can offer at this point. As always, others' experiences can help me get through this much more easily :)
 
Last edited by a moderator:
You should be fine, since you got married there is now way that they can throgh you out unless you have problems with the law besides the deportation. If you didn't have any problems with the law up to this date besides the deportation you should be fine - as long you will prove that your marriage is real prepare yourself for a stroke interview. No attorney is required just call the 800 number ask them to speak with a immigratoin officer and expalin your case. Oh make sure that you reappeal your case in courts for your deporation.
 
Tommy_Chicago said:
You should be fine, since you got married there is now way that they can throgh you out unless you have problems with the law besides the deportation. If you didn't have any problems with the law up to this date besides the deportation you should be fine - as long you will prove that your marriage is real prepare yourself for a stroke interview. No attorney is required just call the 800 number ask them to speak with a immigratoin officer and expalin your case. Oh make sure that you reappeal your case in courts for your deportation.
Click to expand...

Tommy_Chicago, He already has a final deportation order by an immigration judge. So he was ordered to leave therefore he has a 10 year ban on his shoulder and even though he is married to a US Citizen that does not mean any thing to USCIS. When you are dealing with Dep. Of Justice immigration courts its very different to USCIS. So he should not deal with USCIS directly even though he is married to a US Citizen in good faith. He is working on his case in the immigration courts. USCIS does not have jurisdiction over his case when he is in deportation or has been ordered deported. Finally he cannot reappeal his case he has to file a motion to reopen his case with the court.
 
letsien said:
Tommy_Chicago, He already has a final deportation order by an immigration judge. So he was ordered to leave therefore he has a 10 year ban on his shoulder and even though he is married to a US Citizen that does not mean any thing to USCIS. When you are dealing with Dep. Of Justice immigration courts its very different to USCIS. So he should not deal with USCIS directly even though he is married to a US Citizen in good faith. He is working on his case in the immigration courts. USCIS does not have jurisdiction over his case when he is in deportation or has been ordered deported. Finally he cannot reappeal his case he has to file a motion to reopen his case with the court.
Click to expand...


Well then just blame the US Mail for not delivering the mail on time................
 
letsien said:
First of all Its good to know that you are aware that you have an out standing deportation order. Many people don't and ICE gets them by suprise during their immigration enforcement round ups like they did with me.

Your situation is very complicated and you will need to get a very well qualified and experienced immigration attorney. They also cost an arm and a leg. If i was you I would start saving up as soon as possible for your legal fees. One thing that you can start working on is Filing your I-130 petition. Even if you are in deportation or have been ordered deported your wife can still file for your I-130 thru immigration service. When you consider to file for your I-130 DO NOT UNDER ANY CIRCUMSTANCE file the I-485. Or you will definatly be denied, doomed and will have problems.

When you file your I-130 it will take any where from 3 to 6 months before it will be approved. While your I-130 petition is pending start looking for a good immigration attorney and seek consultation on how to fight your case in court. An approved I-130 petition will make a big difference in your case and may possible shorten your time in court, for more info consult with an qualified immigration attorney. I was in removal proceeding and i got married to my longtime girlfriend while i was in deportation proceedings. I fought my case in court, I had good lawyer and most importantly a supportive family on my side. I won my case and since my I-130 was recently approved, begining of August I will be going to court to get my I-485 approved by the judge

When you are in deportation or have been ordered removed by the US Gov. Do not take Ill advice from any one nor act on it. Dealing with the Dep.Of Justice- immigration court is a whole different ballgame than dealing with Dep. Homeland Security- USCIS. Always consult with an attorney on how to deal with your circumstance. But the first step is for your wife to file for your I-130 petition. You can do that without a lawyer but for the rest of your case you WILL need one.

Like i said even if you are ordered deported or are in removal proceeding go ahead and filed for your i-130 that's the first thing your lawyer is charge you for, before he or she files a motion to re-open your case. Without that petition being approved you have no grounds to fight your case and don't even try to reopen and fight your case.

NB! Start to accumulate evidence as much evidence you can to show that your marriage is bona fide and that you are not married to your wife to evade US. immigration laws. Because they will catch you if one is the prosecution and the judge believe it or not know all the tricks, games and signs I have seen them in action while i was detained by ICE.

good luck and all the best to you
Click to expand...


My husband has a similar situation but he is a Daca recipient. We are now married and have filed the i-130. Should we wait for it to be approved or could we send in our i-485. Does him being a Daca recipient make any difference with his voluntary deportation situation?
 
Aisha Darius-Bakastov said:
My husband has a similar situation but he is a Daca recipient. We are now married and have filed the i-130. Should we wait for it to be approved or could we send in our i-485. Does him being a Daca recipient make any difference with his voluntary deportation situation?
Click to expand...
This is a very old thread. Can you start a new thread with detailed info about his case?
 
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